Father in Nursing Home

[KarenCara]

My husband passed away in 2008 and I sold my house whch was in the same council area and moved in to my fathers bungalow and cared for my father in 2009.
I had already inherited my mothers share of the bungalow.
My mother in law passed away suddenly in June 2010 and I inherited her house.
Unfortunately my father has now been taken into care with demetia. He was granted NHS funding after I threatened the PCT with a solicitor and has just been re assessed after 3 months and his next assessment is in 12 months.
My father still qualifies for full NHS funding and I still live in our jointly owned bungalow
Dad will have about £35,000 in cash by next year as the NHS is paying his fees.
The Council has picked up that I have owned a house in the past and inherited another one.
The council has recomended I get myself into a position to buy my fathers half of the buingalow in case he does not qualify for NHS funding next year and they have said this is right in view of the fact I have inherited 2 houses recently.
I know normally as I am an owner occupier the council could not take any of my father's share of the house.
I think the council is talking nonsense but can anybody confirm the position.

Karen

[cassa333]

They could get a charge put on the house so that when your father dies or you sell they get their money back from the sale of his half of the house.

[woofgang]

They can put a charge on the house BUT if you have bought him out then he will have the cash that you have paid for the house which could adversely affect his financial assessment by the council.
So far as I am aware, the NHS part of the funding is not means tested which means that however much money he has will not affect his NHS assessment.
It can however affect his council assessment...to the council's advantage.
He is unlikely IN MY OPINION to fail to qualify for NHS funding unless he gets better (highly unlikely from dementia sadly) or the funding goalposts get moved which I don't think is likely but in view of the public funding situation is not impossible.
My opinion is that the council advice is intended to get your father into a position where he has funds that they can get their hands on if they need to.

[scraggy55]

Why wouldn't you want to do that? I work for social services, each local authority is different, but surely you would wish to contribute to the cost of his care? There are a lot of people out there who have bugger all through no fault of their own, they are the ones should be getting the assistance. If you are in a position to assist in some way, then I believe you should.

[scraggy55]

Also, I think you will find that when they do a Financial Assessment, if he doesn't qualify after his following assessments, any assets that he has will be highlighted. Council's are unlikely to be duped either, so if they think something isn't quite right, they will dig and find it. Just to make you aware.

[woofgang]

because scraggy, this is not about Social services charges but about the NHS care component. if you don't understand the question, then don't post.

[scraggy55]

If someone is found not to be eligible for NHS funding, they are often then referred to Social Services to be assessed. Woofgang, I do know what I am talking about or I wouldn't post - I was looking at the bigger picture, which is always a 'good' thing to do in these situations. I see no reason for the rude either.................smart****

[woofgang]

<br/> scraggy55 <br/> Why wouldn't you want to do that? I work for social services, each local authority is different, but surely you would wish to contribute to the cost of his care? There are a lot of people out there who have bugger all through no fault of their own, they are the ones should be getting the assistance. If you are in a position to assist in some way, then I believe you should.

That is your opinion and not fact.
I used to be involved in this stuff in Hampshire and if someone needs res care, unless they decline financial assessment or are very rich, then they will receive their SS and NHS assessments at the same time and before being placed. The other circ where SS would not be involved at this stage would be where the NHS has in house res care or the patient has a very short life expectancy and is too unwell to be moved. i don't believe that either of theses circs exist in this case.
From recent posts on here, SS depts seem to be finding it easier to extort money from relatives than to fight for the NHS funding.
Where a patient has secured NHS nursing care funding, as I said, they are unlikely indeed to be judged not to need the nursing care component at future assessments.
IN MY OPINION, as i have said, it seems to me that the advice given buy the SS employee to the OP is designed to ensure that her father has a ready supply of cash in his account to be milked by the system. No one is saying that the share of the house should not be used to cover his costs when the house is finally sold, but to give the advice to the OP that was given seems to me to be duplicitous and only intended to benefit SS.

[bednobs]

i wonder how long before *certain* contributors pop up on this post??

[EDDIE51]

The council are trying it on again , just as in the other cases on AB recently.
As long as your Father owns only half a house with you as occupier that can not be taken as an asset . Why should you buy him out ? the only people to benefit from that would be the council who want to save the fees. Don't give in, the house will be yours in the end anyway , buying him out will benefit only the council finance dept.

[buildersmate]

...... which in turn means the council taxpayer, aka you and me.

[EDDIE51]

As I have pointed out before, with care home fees from £360 to well over £2000 a week depending on the level of care needed , no house sale is going to fund an elderly relative for long. Karencara's father has paid NI , tax, and council tax all his life , time to get something back !
Don't give in the the ''suggestions'' that you sell up to pay your Dads care fees.

[atalanta]

If your father's condition has been assessed as being so poor that the NHS is obliged to pick up the fees, a further assessment is not very likely to say that his condition has got better.
Only thing - if "behaviour" is one of the factors which is bad enough to warrant these payments, he may at some point become helpless, and unable to behave badly, and thus the NHS may say he has got "better".
However, I am sorry to say that - with the dementia being as bad as it seems - he may well die before the next assessment

[woofgang]

builersmate in these circs its the NHS who should be coughing up for the nursing care component. For some reason, councils don't seem to like to argue with the NHS and would rather harass relatives

[woofgang]

Kaypar the money the OPDad has can, yes, be taken to set against his living expenses but if he is entitled to an NHS funded nursing care payment, this is NOT means tested, IIRC, and should be paid regardless of what is in the bank.